Young v. Libby

In Young v. Libby, 1999 ME 139, P12, 737 A.2d 1071, the Law Court considered a landlord/tenant case that involved lead paint poisoning. The Portland Housing Authority required an inspection of the condition of each room of the house rented to the plaintiffs from the defendants. The house did not pass inspection because of chipped and peeling paint, which the defendants were required to fix. See Young, 1999 ME 139, P3, 737 A.2d at 1072. The plaintiffs based their claim on the defendants' failure to disclose a latent defect in the premises under the tenants' exclusive control. There was no discussion regarding the landlords' possession and control resulting from the Portland Housing Authority's requirements. Id. P11, 737 A.2d at 1074. Further, as discussed in Young, the Legislature has created a statutory cause of action for a landlord's failure to correct conditions in an apartment. See 14 M.R.S.A. 6021.